SURENDRA NATH RAI Vs. BASIC SHIKSHA ADHIKARI

JUDGEMENT

(1.) Vishwa Nath Rai, father of the petitioner, was Headmaster in Panchayat Junior High School, Mithaura Bazar, District Maharajganj, which was a recognised Government aided Junior High School. He died-in-harness on 20.4.1990. The petitioner applied under the Dying-in-Harness Rules, 1974 for appointment as an Assistant Clerk or Assistant Teacher on compassionate ground claiming that he was duly qualified for being so appointed. Several reminders were sent to the respondents and since no orders were passed by the respondents, the petitioner filed this writ petition praying for a writ of mandamus directing the respondents to give appointment to the petitioner.

(2.) I have heard Sri Vashistha Tiwari, learned Counsel appearing for the petitioner as well as Sri R.C. Dwivedi, learned Counsel appearing for the respondent-School and learned Standing Counsel for the State-respondents.

(3.) The contention of the learned Counsel for the petitioner is that even though the father of the petitioner may not have been a Government Servant as he was only a Headmaster in a Junior High School, still the petitioner would be entitled for appointment on compassionate ground in the institution of respondent No. 2 under the Dying-in-Harness Rules, 1974 as though the said Rules may not directly apply in the case of the petitioner but the principles laid down in the said Rules would be applicable as the institution of respondent No. 2 is a Government aided institution. He has relied on a decision of the Apex Court rendered in Balbir Kaur and Anr. v. Steel Authority of India Ltd. and Ors., (2000) 3 UPLBEC 2055, wherein it has been held that the concept of social justice is the yardstick to the justice administration system or the legal justice and the greatest virtue of law is in its adaptability and flexibility and thus, it would be otherwise an obligation for the law Courts also to apply the law depending upon the institution since the law is made for the society and whichever is beneficial for the society, the endeavour of the law Court would be to administer justice having due regard in the direction.